Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Minimum Age Convention, 1973 (No. 138) - Kenya (Ratification: 1979)

Article 2 of the Convention. (1) The Committee recalls that the Government specified, in accordance with Article 2(1) of the Convention, a minimum age of 16 years for admission to employment or work. It has noted that the prohibition of the employment of children under the age of 16, by virtue of section 25(1) of the Employment Act, 1976, applies only to industrial enterprises. The Committee has therefore been requesting the Government to extend such prohibition to employment and work in any occupation, in order to bring the legislation into line with the Convention.

The Committee notes the Government's reference to section 26 of the Employment Act, which stipulates that children should not be employed otherwise than under verbal contracts. The Committee points out that this provision does not set forth any restriction on the employment of children under verbal contract.

The Committee is bound to reiterate its hope that the Government will take the necessary measures in the light of Article 5 to give full effect to this Article of the Convention.

(2) The Committee notes the explanation of the Government concerning the power of the Minister to make, by order, exemptions from provisions of the Employment Act, under its section 1(2)(d). It hopes that the Government will indicate, in its future reports, any such exemptions made regarding the minimum age provisions.

Article 3. The Committee notes that the Government agrees to the necessity to determine, after consultation with the employers' and workers' organizations, the types of work that are prohibited for young persons under 18 years of age as being prejudicial to their health, safety or morals. It hopes that the Government will soon be able to report the progress made in this regard.

Article 7. The Committee notes the Government's statement that it would be difficult to list all the categories of employment or work that would not be prejudicial to the morals, safety and health, and that the proviso to section 3 of the Employment (Children) Rules of 1977 gives effect to Article 7, by leaving the determination to the authorized officer who issues the permit for the employment of children. The Committee points out, firstly, that the Convention allows, under Article 7(1), the admission to light work of persons of 13 to 15 years of age, while the above Rules do not limit the ages of the children that may be employed under the prescribed conditions; secondly, Article 7(3) stipulates that the activities thus allowed as light work (that is, not likely to be harmful to their health or development and not such as to prejudice their school attendance or their capacity to benefit from the instruction received) should be determined by the competent authority and not by an individual officer; and thirdly, also under Article 7(3) of the Convention, the competent authority should prescribe the number of hours and the conditions of such employment or work. The Committee therefore hopes that the national legislation will be brought into line with the Convention also regarding these points.